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HICKS v. COMMONWEALTH

Record No. 1543-18-2.

835 S.E.2d 95 (2019)

71 Va. App. 255

Willie HICKS, Jr. v. COMMONWEALTH of Virginia

Court of Appeals of Virginia, Richmond.

December 3, 2019.

Attorney(s) appearing for the Case

Steven D. Benjamin Richmond ( Betty Layne DesPortes ; Benjamin & DesPortes, P.C., on briefs), for appellant.1

Rosemary V. Bourne , Senior Assistant Attorney General ( Mark R. Herring , Attorney General, on brief), for appellee.

Present: Chief Judge Decker, Judges Petty and Huff

OPINION BY CHIEF JUDGE MARLA GRAFF DECKER

Willie Hicks, Jr., appeals his convictions for one count each of rape, aggravated sexual battery, and indecent liberties, in violation of Code §§ 18.2-61, -67.3, and -370. On appeal, he asserts that in light of the fact that he stood charged with five counts of rape, the trial court erred by failing to instruct the jury in a manner that ensured their unanimity regarding which one of the multiple acts...

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